Federal dilution requires that the mark be famous to the general consuming public, that the defendant's use began after fame, and that it causes blurring or tarnishment. Confusion and competition are not required.
Fair use, news reporting, and noncommercial use are excepted.
Alternative Names:
Dilution|Famous Mark Dilution
Why it Matters?
The general consuming public fame requirement is a demanding threshold that niche market recognition does not satisfy, and Federal Circuit and district court decisions have rejected dilution claims for marks well known within an industry but not nationally. Establishing that fame is limited to a market segment defeats the claim. State dilution statutes frequently apply lower fame thresholds and remain available.
Frequently Confused with
Related terms
Frequently asked questions
What fame is required federally?
What remains available for niche marks?
